Lockett v. State

In Lockett v. State, 874 S.W.2d 810 (Tex. App.-Dallas 1994, pet. ref'd), the defendant was one of three men who approached the complainant and her companions as they left a nightclub. Lockett, 874 S.W.2d at 813. Lockett used a pocketknife to cut the complainant's purse strap in order to take her purse. When the complainant reached for her purse, her fingers were cut. Lockett, 874 S.W.2d at 813. During trial, the State did not introduce the knife as evidence. Lockett, 874 S.W.2d at 815. When asked when and if she feared some bodily injury or possible death, the complainant responded, "As soon as I noticed a knife, yes, I was." When asked if she thought he was trying to stab or cut her, the complaint said she did not know what he was trying to do. Lockett, 874 S.W.2d at 815. The Court concluded there was no evidence the knife was capable of causing death or serious bodily injury or that Lockett intended to inflict serious bodily injury or death to steal the complainant's purse; rather it showed he inadvertently cut her fingers while stealing the purse. Lockett, 874 S.W.2d at 816.